Washington car accident law: deadlines, fault and your claim

Filing deadlines in Washington#

Washington's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for most car-crash lawsuits is 3 years, counted from the crash. The same period applies to injury and property damage claims, and the Washington Supreme Court has applied it to wrongful death claims too.

For an injured child, Washington law pauses the clock, a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary: if the injured person is under 18 when the claim arises, the time before they turn 18 does not count toward the deadline.

Claims against the state or a city, county or other local government follow a notice of claimNotice of claim. A written notice that must be sent to a city, county or state agency before you can sue it, often within a few months. Glossary process. You must file a claim on the standard tort claim form (with the state's Office of Risk Management, or the local government's appointed agent) and wait 60 days before suing; the deadline is paused during the wait. For a local government, the claim itself must be presented within the normal limitations period.

How fault is shared in Washington#

Washington's comparative fault statute, RCW 4.22.005, reduces your damages by your own share of fault but never bars them completely. This is the most forgiving rule in the country for an injured person who was partly to blame.

The rule applies to the other driver too: if they were hurt, they can claim against you, with their damages reduced by their own share. Insurers apply the percentages in negotiations, so the fault split often decides the size of a claim. Use the fault-rule explainer to see how Washington compares with other states.

Insurance in Washington#

Washington drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage. Washington is an at-fault state, with first-party coverage that insurers must include or offer:

• Personal injury protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary. Must be offered; can be rejected in writing (basic PIP pays up to $10,000 per person for medical costs).
• Uninsured and underinsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Included at your liability limits unless rejected in writing (Washington's underinsured motorist coverage also covers uninsured and hit-and-run drivers).

These coverages matter in Washington. The Insurance Information Institute estimates that 19.1% of Washington drivers were uninsured in 2023, above the national estimate of 15.4%.

When your own insurer pays for your car and then recovers the money from the at-fault driver's side, a process called subrogationSubrogation. An insurer's right to be repaid from your settlement for what it already paid on your behalf. Glossary, your insurer must include your deductible in its demand to the at-fault driver's side. Washington's insurance regulator, the Washington State Office of the Insurance Commissioner, takes questions and complaints at 800-562-6900 (Consumer Advocacy).

After a crash in Washington#

Under RCW 46.52.030, if no officer makes a report, each driver must file a written collision report within 4 days when anyone is injured or killed or property damage to any one person is $1,000 or more. The report goes to the city police chief inside a city or town, or to the county sheriff or State Patrol elsewhere. The State Patrol's online form is the quickest way to file one.

To get a copy of an officer's crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary, buy it from the Washington State Patrol through its online WRECR system or by mail; people involved get an unredacted copy and others a redacted one. The fee is $10.50, and reports can take 2 to 4 weeks to become available. The police report guide explains what a report contains and how to ask for a correction.

Special rules in Washington#

Hit-and-run and no-contact crashes. Washington's underinsured motorist coverage also covers hit-and-run drivers and a phantom vehiclePhantom vehicle. A vehicle that causes a crash without touching you and then leaves, such as a car that forces you off the road. Some states cover it under uninsured motorist coverage only with extra proof. Glossary that caused a crash without touching you. For a no-contact crash, it must have been reported to law enforcement within 72 hours, and the facts must be backed by evidence other than the testimony of the people making the claim. A deductible of no more than $300 can apply to property damage from these drivers. See the hit-and-run guide for more.

Diminished value. The insurance commissioner describes diminished valueDiminished value. The drop in a car's market value after it has been damaged and repaired, because buyers often pay less for a car with a crash history. Glossary as the difference between your car's market value before the accident and its market value after repairs. It is a separate loss from the repair bill; the property damage guide covers it in more detail.

Mediation. If a claim goes to mediationMediation. A meeting led by a neutral mediator who helps both sides try to reach a settlement. Nothing is decided unless both agree. Glossary, Washington's Uniform Mediation Act sets ground rules: a lawyer or another person chosen by a party may come to the mediation and take part, and a mediator may tell the court only whether the mediation took place or ended, whether it settled, and who attended. The mediation guide explains how a session works.

Crashes on Washington roads#

The Insurance Institute for Highway Safety counted 730 crash deaths in Washington in 2024, or 9.2 per 100,000 people, compared with 11.5 per 100,000 people nationally. In the same year, 40% of Washington's crash deaths happened on rural roads and 34% were speeding-related. An estimated 33% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08% or higher.

Finding a lawyer in Washington#

The Washington State Bar Association does not refer people to private lawyers. Its Find Legal Help page points instead to county bar association referral services, including services in Clark, King, Snohomish and Tacoma-Pierce counties. The King County Bar Association takes referral requests online; people who cannot use the form can call (206) 267-7100. The guide to lawyer referral services explains how these services work.

Before you hire anyone, look the lawyer up in the State Bar's Legal Directory to confirm the license. The license check guide covers what else to look at.